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ACTION MINUTES
CITY COUNCIL OF THE CITY OF TULARE
April 19, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, April 19, 2022, at 6:15 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.
COUNCIL PRESENT: Dennis A. Mederos, Terry Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Janice Avila, David Rossman, Greg Merrill, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:16 p.m.
II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.
There were no citizen comments.
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):
1. 54957(b)(1) Public Employee Performance Evaluation – City Manager Mayor Mederos adjourned to closed session at 6:17 p.m.
IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:04 p.m.
V. CLOSED SESSION REPORT (if any)
Mayor Mederos advised of the evaluation process and Council’s unanimous praise of City Manager Marc Mondell.
VI. ADJOURN CLOSED SESSION
Mayor Mederos adjourned the closed session at 7:07 p.m. 8441
A regular meeting of the City Council of the City of Tulare was held on Tuesday, April 19, 2022, at 7:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.
COUNCIL PRESENT: Dennis A. Mederos, Terry Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Josh McDonnell, David Rossman, Greg Merrill, Janice Avila, Traci Myers, Diego Ibanez, Darlene Thompson, Michael Miller, Trisha Whitfield, Jason Glick, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:12 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Sigala led the Pledge of Allegiance and an invocation was given by Bekah Whitfield of First Church of God.
IX. CITIZEN COMMENTS
Mayor Mederos requested those who wish to speak on matters not on the agenda within the jurisdiction of the Council, or to address or request a matter be pulled from the Consent Calendar to do so at this time. He further stated comments related to General Business matters would be heard at the time that matter is addressed on the agenda.
Carolyn Rodriguez and Leticia Maldonado from Julie’s Little Flower Shop addressed the Council regarding their concerns with the pop-up flower vendors with Mother’s Day approaching. City Manager Marc Mondell advised what the City has done and is currently working on to address their concerns. Council provided further discussion.
Fred Brown, Lighthouse Rescue Mission, addressed the Council regarding the pocket shelters and not being able to use them due to standards not being met and urged the City to help with this issue. Council and staff discussed.
Donnette Silva-Carter, Tulare Chamber of Commerce, provided an update on events.
X. COMMUNICATIONS
City Manager Marc Mondell read an email received from Nicole Nelson who resides on the corner of Bardsley and Cardoza and would like help from the City to put a sidewalk in front and on the side of her home. City Engineer Michael Miller advised he will reach out to Ms. Nelson regarding the City’s program.
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XI. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Council Member Isherwood, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 5, 6, and 7.
1. Authorization to read ordinances by title only.
2. Approve minutes of the April 5, 2022, regular meeting. [Submitted by: M.
Hermann] Council Member Harrell pulled this item to provide a correction in Section XV Staff Updates and Future Agenda Items as follows: “Council Member Harrell requested and received consensus from Council to draft a letter the Southern Union Pacific Rail Road stating the issues including the four deaths occurring on the rail road as well as fiscal impact on the City for assisting in removing homeless and cleaning the property.”
3. Approve the cancellation of the regular meeting of May 3, 2022. [Submitted by: M. Mondell]
4. Authorize the Mayor to sign a letter of support for AB 2017 on the Council’s behalf and direct staff to transmit the letter to Assembly Member Mathis. [Submitted by: M. Mondell]
5. Adopt Ordinance 2022-01 approving the development agreement with Valley Pure regarding a retail facility for recreational cannabis sales. [Submitted by: M. Zamora] Council Member Harrell pulled items 5, 6, and 7 to vote no. It was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and carried 4 to 1 (Council Member Harrell voting no) to approve Consent Calendar Items 5, 6, and 7.
6. Adopt Ordinance 2022-02 approving the development agreement with J Street Solutions (Herb ‘N Vibes) regarding a retail facility for recreational cannabis sales. [Submitted by: M. Zamora]
7. Adopt Ordinance 2022-03 approving the development agreement with Token Farms regarding a retail facility for recreational cannabis sales. [Submitted by: M. Zamora]
8. Award and authorize the City Manager to sign a contract amendment with 4 Creeks for construction management services related to City Project EN0092, Pratt Street/Mefford-Choice Tracts Improvement Project in the amount of $151,300; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($43,296) of the revised contract amount. [Submitted by: N. Bartsch]
9. Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $156,056 for design, 8443
bidding, and construction support services for City utility relocations on International Agri-Center Way between K Street and Laspina Street, and Blackstone Street between Industrial Avenue and International Agri-Center Way, associated with the International Agri-Center Way Interchange Project; and authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% ($15,606) of the contract award amount; and approve the project scope and budget. [Submitted by: M. Miller]
XII. SCHEDULED PRESENTATIONS
1. Mid-Year Budget Review. Deputy City Manager Josh McDonnell and City Manager Marc Mondell provided a presentation for Council’s consideration.
Questions posed by Council were responded to by staff. It was the consensus of Council to have staff look at options 1 and 3 in regard to the Inyo Corridor Redevelopment.
XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) XIV. GENERAL BUSINESS
1. Public Hearing
(a) Public Hearing to receive comments on the proposed 2022 Community Development Block Grant (CDBG) Annual Action Plan (APP) to allocate funds in the estimated amounts of $680,000 to public infrastructure and facility improvements, $105,000 to services for people experiencing homelessness, $79,100 to affordable housing preservation, and $140,400 to CDBG program administration and fair housing activities. [Submitted by: T. Myers] Senior Housing and Grants Specialist Alexis Costales provided a presentation for Council’s consideration. Mayor Mederos opened the public hearing at 8:49. Erica Lutterbein from Self-Help Enterprises provided an update to the Council regarding Eden House. Mayor Mederos closed the public hearing at 8:53 p.m. Questions posed by Council were responded to by Mr. Costales. There was no action taken on this item.
2. City Attorney
(a) Consideration and approval of an ordinance revising Section
8.36.280(F) Chapter 36 of Title 8 of the Tulare Municipal Code adding Tower Square to the locations prohibiting camping. [Submitted by: M.
Zamora] City Attorney Mario Zamora provided a report for the Council’s consideration. Questions by Council were responded to by staff. Following discussion, it was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried to pass to print the ordinance. 8444
3. Community and Economic Development
(a) Review and approve the policies, procedures, and application process for the City’s Downtown Building Rehabilitation Grant Program. [Submitted by: T. Myers] Community and Economic Development Director Traci Myers provided a report for the Council’s consideration. Questions by Council were responded to by staff. Following discussion, it was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to approve the item with the following changes: Demolition and parking lot projects must coincide with a new addition and any new addition must attract new patrons to downtown; City Manager is given discretion with regard to authorizing requests that are above the $150,000 cap; and including Kern Ave between K and J Streets in the priority area.
4. Engineering Services / Project Management
(a) Award and authorize the City Manager to sign contracts related to City Project EN0094, a street and utility improvement project between O Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount, and approve the revised budget.
1. Contractor Floyd Johnston Construction Co.,
Inc. of Clovis, CA $ 6,652,485.50
2. Construction Surveying Guida Surveying, Inc. of Fresno, CA $ 94,500.00
3. Labor Compliance
Monitoring QK of Visalia, CA $ 31,750.00
4. Materials Testing Krazan & Associates of Clovis, CA $ 119,773.00
5. Construction Inspection NV5, Inc. of Visalia, CA $ 368,480.00 Senior Project Manager Nick Bartsch provided a report for the Council’s consideration. It was moved by Council Member Isherwood, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.
5. Fire
(a) Authorize City staff to use the Prosperity Sports Park Clubhouse as the primary location for a cooling and warming center with the Claude Meitzenheimer Community Center as a secondary location if the primary location is unavailable or additional space is required. [Submitted by: D. Rossman] Interim Fire Chief David Rossman provided a report for the Council’s consideration. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and carried 4 to 1 (Council Member Harrell voting no) to approve staff’s recommendation and 8445
change the trigger temperatures to 103 degrees for the cooling center and 29 degrees for the warming center as well as comply with State law in regard to pets.
6. City Manager
(a) Receive update regarding City interactions and activities associated with the Tulare Youth Baseball Park. [Submitted by: M. Mondell] City Manager Marc Mondell provided an update to the Council.
XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Harrell requested and received consensus from the Council to have a proclamation prepared for National Police Week which is May 15-21 this year.
XVI. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 10:30 p.m.
President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
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Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare